Laci's things in tug of war

The Modesto Bee ^ | May 31, 2003 | Garth Stapely and John Cote'

[runningbear]

Laci's things in tug of war

Laci Peterson's brother Brent Rocha loads a rocking chair from her Modesto home into the back of a truck Friday morning.

Laci's things in tug of war

By GARTH STAPLEY and JOHN COTÉ

BEE STAFF WRITERS

Published: May 31, 2003, 07:16:10 AM PDT

Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house on Friday, touching off controversy between her family and that of her husband.

Police responded to the Covena Avenue home at about 10 a.m. after a security company reported that the alarm had been triggered, Capt. Greg Savelli said.

Officers determined that Laci Peterson's family and friends were removing items that belonged to Laci, said Savelli, who added that officers documented what was taken.

"We're treating this as a civil dispute over property," he said. "It was clear to the Police Department that this was not a burglary.

Peterson's husband, Scott, 30, has been charged with double murder and faces the death penalty in the killings of his 27-year-old wife and their unborn son, Conner.

Savelli said the fallout from Friday's property removal "was best handled between the families and their attorneys."

Adam Stewart, an attorney for Laci Peterson's family, said the family had been in contact with Scott Peterson's defense team, who had agreed to allow Laci's mother, Sharon Rocha, to go through the house on Tuesday. She was to be accompanied by representatives of the defense team, and all items taken were to be photographed and videotaped.

Scott Peterson's parents and lawyers expressed outrage that the Rochas did not follow the agreement.

Jackie Peterson said the people who went into the home Friday had "absolutely no permission to be in that house. I have a lot of empathy for Sharon, but she does not have a right to go in our house and take what she wants."

Rocha did not appear to be among the packers. Calls placed to the Rocha home were not accepted.

Seven vehicles loaded

Among the items loaded into seven vehicles were a crib, a rocking chair and a box with Graco printed on the outside. Graco makes such products as strollers, highchairs and car seats.

Laci Peterson's family announced Wednesday that it had hired attorneys to help recover items from the house. A list included her wedding dress, jewelry and Conner's crib.

Jackie Peterson told The Bee that the security company notified her by telephone in San Diego County that the house alarm had been tripped.

The property removal appeared to take Scott Peterson's defense team by surprise.

Matthew Dalton, an attorney with lead defense attorney Mark Geragos' law firm, drove to the house and asked reporters if someone had reported a burglary.

Dalton went to Stewart's Modesto law office Friday morning and dropped off some items requested by the Rocha family, Stewart said.

Monday, the defense team moved other items, including what appeared to be gifts, to the Modesto office of defense co-counsel Kirk McAllister, for transfer to Laci Peterson's family. But the items had not been picked up by Friday morning, McAllister said.

Stewart said in front of the home that it would be "ridiculous" to suggest that the Rochas broke into the home.

"I apologize for it coming down to this," he said. "This is not the way we operate. This is for Laci, for Conner and Laci's family. It is not for the media or Mr. Scott Peterson's defense in any way, shape or form. It's depressing that it's come down to this."

Stanislaus County Chief Deputy District Attorney John Goold said prosecutors had no legal authority over the house.

"It's not a crime scene," Goold said. " This is a civil problem between the Rochas and the Petersons."

The house title is in Laci and Scott Petersons' names, county records show. In such a joint tenancy, when one titleholder dies, the title goes to the other.

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Incident brings Peterson case close to home
Victim's family moves items from house, raising the issue of ownership.

Incident brings Peterson case close to home
Victim's family moves items from house, raising the issue of ownership.

By Garth Stapley and John Coté
The Modesto Bee

(Published Saturday, May 31, 2003, 4:47 AM)

MODESTO -- Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house Friday, touching off controversy between her family and that of her husband.

Police officers were dispatched after a security company notified them that the alarm at the Covena Avenue home had been triggered, Capt. Greg Savelli said.

Officers determined that members of the Rocha family and friends of Laci Peterson were removing items that belonged to the slain woman and documented what was taken, Savelli said.

"We're treating this as a civil dispute over property," he said. "It was clear to the police department that this was not a burglary. It was a dispute over property and was best handled between the families and their attorneys."

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Judge cites Peterson right to fair trial in denying report access

Judge cites Peterson right to fair trial in denying report access

By JOHN COTÉ
BEE STAFF WRITER

Published: May 31, 2003, 07:16:56 AM PDT

A Stanislaus County judge on Friday ordered that arrest and search warrants remain sealed in the case against Scott Peterson, who is accused of murdering his pregnant wife and unborn son.

Superior Court Judge Al Giro-lami's ruling also ordered the autopsy reports for Laci and Conner to stay sealed.

Thursday, District Attorney James Brazelton reversed his position and asked to have the autopsy reports made public, and the matter is set for hearing June 6.

Brazelton's about-face came after part of the fetus's autopsy report was leaked to the media. Prosecutors said that portion was clearly "skewed in favor of the defense."

Defense attorneys, coroner's officials, police and prosecutors have denied leaking the information.

Friday, in his ruling on all the documents, Girolami said releasing them "might irreparably harm the continued investigation into this criminal matter."

"Despite the fact that the complaint has been issued and a suspect has been arrested, the investigation and search for both incriminating and exonerating evidence in this matter continues," Girolami wrote.

Prosecutors and defense attorneys argued that releasing the documents could impede Peterson's right to a fair trial and damage an ongoing investigation.

Girolami agreed, saying in his ruling that releasing the documents "might result in the evidence being destroyed and witnesses being reluctant to step forward."

A group of newspapers, including The Bee, are seeking to have the documents unsealed.

Right to view reports argued

Charity Kenyon, an attorney representing the newspapers, argued that the public's right to view court documents was fundamental in an open legal system.

Other means exist for ensuring

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Judge orders Laci Peterson autopsy report sealed

Judge orders Laci Peterson autopsy report sealed

The Modesto Bee

The Associated Press

Published: May 31, 2003, 06:49:17 AM PDT

MODESTO, Calif. (AP) - A judge ruled Friday that an autopsy report on the deaths of Laci Peterson and her unborn son should remain sealed along with other search warrant and arrest records.

Superior Court Judge Al Girolami said releasing the information could hamper the murder investigation and prejudice public opinion before a trial begins.

Girolami is scheduled to hear more arguments June 6 from prosecutors preparing a murder case against Peterson's husband, Scott Peterson. Prosecutors on Thursday asked that the autopsy reports be released to the public. They argued that media leaks of the reports are biased toward the defense.

Girolami also ordered that leaks of sealed information stop and indicated he would consider a gag order to stop the prosecution and defense teams from talking to the media.

Scott Peterson, 30, is accused of killing his wife and unborn son, whom the couple had planned to name Conner, last December in their home. Laci, 27, was eight months pregnant at the time. The bodies washed ashore in San Francisco Bay last month.

Contra Costa County authorities concluded their autopsy report earlier this month, but did not disclose the cause of death.

Several media outlets have released details of the coroner's report, and a spokeswoman for Laci Peterson's family members said Thursday they were "devastated" at hearing autopsy reports without warning on television.

The leaked reports indicated the unborn son had plastic tape wrapped around his neck and a significant cut across the shoulders.

Meanwhile, friends of Laci Peterson removed several personal articles Friday from the single-story Modesto home where she and Scott Peterson lived.

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MOM'S MOVING MOMENT

MOM'S MOVING MOMENT

By HOWARD BREUER and MARSHA KRANES

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May 31, 2003 -- Laci Peterson's mother - shattered by the graphic details leaked from the 25-page autopsy of her unborn grandson - yesterday began removing her slain daughter's belongings from the home she had shared with her accused murderer husband, Scott.

Sharon Rocha, accompanied by several friends and relatives, was seen at the Modesto, Calif., house removing the rocking chair Laci had bought to use when she nursed her infant son, as well as unopened Christmas gifts, clothing, chairs, lamps and artwork.

In doing so, she ignored the advice of her lawyer, Al Clark, that she wait until he, Scott Peterson's lawyers and court officials work out the procedures to be followed when she entered the house.

Modesto police arrived while Rocha was there, and she and her entourage left a short time later after packing seven cars full of Laci's belongings.

Hours later, lawyers representing Laci's family and Scott Peterson started haggling over whether removing the items was legal.

Scott Peterson's mother, Jackie, expressed outrage that the items had been removed since Laci's family had "absolutely no permission to be in that house."

Scott Peterson has pleaded not guilty to killing his wife and their unborn son.

Laci's family said Wednesday that they had hired lawyers to help them retrieve a baby crib and jewelry from the home.

Meanwhile, Clark told Fox News his client's anger over the grisly revelations leaked from her daughter's and grandson's sealed autopsy reports drove her to go get her daughter's possessions.

A family spokeswoman said Rocha was "devastated" by the reports describing how the near full-term fetus of her grandson Conner had plastic tape wrapped around the neck and a large cut across the chest when he was found in the shallow waters of San Francisco Bay last month.

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[A CA Guy]

You are going to be one broke fellow later in life if you pursue all your issues through court.

They were her family and there is a gray area there where it wouldn't be said they out-right broke the law.

You would suggest every-time there is a dispute over $1000 worth of stuff that you would go to court and spend upward of $10,000 in court with a smile on your face.
No way!

If you really want something like they did, you have to get it. Otherwise, who ever is in possession of this stuff if it goes to court automatically gets it.
That's pretty much how I've ever seen it work.
I've never seen charges pressed in family courts over this kind of action either. Especially not with the parents and brother of a murder victim.

[runningbear]

I think even though the Rocha's at first gave all doubt in this case, little by little stuff has eroded it, and now with all the hoopla of the Geragos team, most likely it was that, which broke the camel's back, so to speak for the Rocha's. They are (Petersons)despictable people!

[Lanza]

I am not saying it is a "slam-dunk" concerning what we know. I have to believe the police have much more including forensics. Laci was ruled a homicide before she was ever found, after police spent 2 days in that house. Chandra Levy was never ruled a homicide until she was found.

I will not be a candidate for the jury, because I don't live in CA. I can have an opinion and it is this; I believe SP is guilty just on his horrid behavior from the moment his wife went missing. Calling your mistress and saying "I want to spend my life with you" when the entire country is out looking for your wife sounds as cold as it gets. Even if he was at a loss of romantic feelings for Laci (it happens in the best of marraiges), if he cared about her as a human being the girlfriend would not be top priority when Laci was missing not to mention hihs baby.


I confess I could not be an "open minded juror" on this case.
I think the guy is a sociopath (I believe that is the term Mark Geragoes called him on one show before he took the case saying "if he did this" while insisting the police should be getting an arrest warrant for SP).

[MizSterious]

CF, maybe you should look up California law before you state that matter of factly. From what the attorneys are saying, it would appear the house is sort of in limbo, and even though Laci is dead, she is still 50% owner of the house--which is to say, it's not "his" either and won't be unless he's exonerated.

[Howlin]

Actually, it's in limbo, which is exactly why the Rocha attorneys have been trying to get Geragos to do the right thing for the last month.

Because he is accused of her murder, he just cannot dispose of her belongings; the people who would be her heirs when he is convicted have a right to ask the court to STOP him from doing just that; they have that right.

Leaving aside the fact that it makes him look guiltier and guiltier; claiming that they can't go in because it's a crime scene after HE tried to SELL the house within weeks of her disappearance strikes me as JUST a little bit disengenuous.

[Chad Fairbanks]

Well, I havn't been in this situation - no one in my family will put me in their will (for their own protection, I'm sure)... that being said, I understand the 'moral' argument you are making... However, this is just another example of two families fighting over material things (liek the crib - it's not like the baby ever USED it, so where, really, is there any 'sentimental value' in it?) after a tragic death - saw it any times in my own family, and was disgusted by them too...

Bottom line is, no matter how it's spinned, it was theft...

[A CA Guy]

I totally think the family was taking back what went into the home before the marriage that was with her and her family for decades.
The family treasures would be sold or confiscated by lawyers if they didn't go in there.

Being only his family had access to the place, it is obvious the other side never intended to give the stuff back.

They maybe would have given back diplomas, but that was about all.

[Lanza]

Does it make any difference to you that the DA's office told the Rochas they could go in the house?

[runningbear]

wacky jackie said so, from Greta, and LKL....

[Howlin]

However, this is just another example of two families fighting over material things

Actually, this is no such thing; it's an example of a heartless family denying another family access to their dead child's possession JUST BECAUSE THEY THINK THEY CAN.

[Chad Fairbanks]

Makes no difference to me - it's not the DA's house - he also has no right to give people permission to go in to someone elses home and take other people's property... If the DA did that, then it may be time to find youself a new DA

[A CA Guy]

I understand your moral issue, but the facts are that when the court system gets involved, it can cost $20,000 to get back a box of chicklets.
They did the right and only thing they could do unless they are a wealthy family with money to burn in court.

If everybody had endless wealth to go into family court to do this I would have no argument. But the system as it stands favors the side in possession of the goods and makes the other side who wants the stuff pay a fortune.

The other issue is the stuff could have disappeared from the house by the time $20,000 was spent to get it back.
That also is common when only one side has access to property.

My sister left her ex and had a thousand pounds of living room furniture that the ex claimed must have been stolen or was taken by my sister.
In court it was established that he never called to cops to make a report of a theft and he never asked my sister if she had taken it when it was missing.
The courts gave a (Oh well that happens all the time) kind of reply.

You can't wait therefore and need to go get your stuff.

[Chad Fairbanks]

Ok, so the house is in 'Limbo'... it still doesn't belong to the Rocha's - which means, as I said, they entered a home where they had no legal right to do so, and removed property which they had no lega right to remove - which equals THEFT. Period.

Regardless of why they did it... "Our feelings wee hurt" "People were mean to us" "Society made us do it" whatever... excuses, nothing more...

[runningbear]

yeah know, you just can't read what Laci gave in either circumstances prior to her missing, and death of who had permission to come to her house, and same to the Peterson. As it was stated from the beginning, several people had keys, access to the house. And since the death certs are not filed, prior access still holds, only difference is, scaughty's parents hold scaughty's half interest until, (my opinion). So, sorry, no "no or yes" answers would do for me...

And, have to say, ya such a great debater....;o))

[runningbear]

yes they are if you have the info to look it up in each county of where the property(s) is(are) located.

[A CA Guy]

Correct Howlin and it would cost a small fortune in court to get family stuff back.
Meanwhile with only one side having access, stuff could spirit away in no time.

That family did the right thing.

It also gave them a small bit of power in a horrible situation.

We are looking at a box spring for a baby bed in one picture for heaven's sake...that is heart breaking.

[Howlin]

Evidently the Modesto Police Department and the DA didn't think it was theft; nobody was arrested.

They stated it was a civil matter; and I, for one, am glad to see the Rochas stand up and stop taking crap from Mark Geragos and the Petersons.

[Chad Fairbanks]

You raise an interesting point - the whole Prior Access thing, etc...

The thing that makes me not like what they did (aside form my own twisted sense of legalism) is that they had a list of 22 items, which they paired down to 16, of things they wanted of Laci's... 7-8 truckloads of stuff makes me seem to think they took a LOT more than they originally wanted. That raises all kinds of alarms in my head...

[WellsFargo94]

Does anyone have the capability to enlarge these pics focusing on her hands?

It always amazes me when seeing Scott pose with Laci in this picture vs. seeing him pose with Amber. He looks so much happier with Amber...very telling.

[Howlin]

What would you do if you had to sit and listen to that crap Mark Geragos spews day in and day out, cults, mystery women, brown vans, not to mention his leaking of that DREADFUL autopsy about Connor, all the while knowing he won't give you your daughter's DIPLOMA and wedding dress.

If I had been out there, I would have gone with them.